On July 18, 2012, the third district appellate court held that the Illinois Credit Agreements Act ("Credit Agreements Act") did not bar a debtor from contesting the accuracy of a commercial security agreement when the document was introduced by a creditor as an affirmative defense.
Recent case law, consumer protection statutes, and the hearsay rule give Illinois consumers an array of legal and procedural defenses in credit card collection suits.
Pending legislation would require that debtors get personal service, not merely notice by mail, before courts begin key legal processes that could put them behind bars.
Standard IRAs are exempt in bankruptcy and thus unavailable to creditors. But what if the debtor inherited the IRA account - is it likewise exempt? A look at the evolving case law.
Wendling holds that hospital lienholders are creditors, not third-party beneficiaries of the plaintiff's lawsuit, and thus not required to pay attorney fees under the common fund doctrine.
The law exempts life insurance policy proceeds from the claims of a decedent-insured's creditors. But exceptions give creditors an opportunity to recover.
Spouses no longer must choose between the protection against creditors provided by tenancy by the entirety and the estate-planning advantages of a revocable inter vivos trust.
Here's a step-by-step guide to actually getting that money you won for your client in federal court. The key: effectively using the powerful citation to discover assets.
The third district held that landlords must comply with the Fair Debt Collection Practices Act when attempting to collect past-due rent from their renters.
On October 9, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County dismissing Count I of the plaintiff's complaint.
The Collection Agency Act has been amended to add two new sections. 225 ILCS 425/9.1 and 9.2. The Act sets requirements for debt collectors or collection agencies regarding communication with persons other than the debtor, and communication in connection with debt collection.
A law firm did not violate the federal Fair Debt Collection Practices Act when it followed Illinois procedure for collecting a state-court judgment, the seventh circuit ruled.
On March 3, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Knox County, holding that the plaintiff, PRA III, LLC (PRA), was entitled to charge interest on the defendant's debt at the rate agreed upon when the defendant originally incurred the debt, even though PRA was not a party to the original agreement.
